The Sun. — London, England, 1836-12-17 00:00:00

‘ 6 .,est fie gate was taken, but badly. My wish was to quarter sme sappers there, and aftel wards some grenadier crow pAnies, in order to effect an entrance into the town ; but the attempt failed of success. The only resource which then remained or us was to retire, as we bad no provi sions. The half of our subsistence for fifteen days had been nearly buried in the mire at Mansoure, and had been abandoned or plundered by the soldiers entrusted with the duty of defending it. About eight o'clock in the radV;hiug of the 2-ith we quitted our positions at Mansoure, at the distance of 750 feet from the place ; Rua also our position at Combat Atia, at the gate of the south, where the vanguard was stationed. We were at first followed by some hundred men from the place. Horsemen advanced upon us from every direction, hut their num ber, which at first might have been nearly 2,000, diminished on the following days, and we saw no more of them on the fourth day at Rach-el-Aba, where according to many, we were to meet with certain death. Our retreat was accom plished in good order. The soldiers, though ill, showed ex cellent conduct. We brought away all our cannon, and I left a good garrison of natives, chiefly at Guelmu, which is stronger than Constantine. Our Arabs see them with pleasure. We thus raise force against force, and according to the feelings of the Arabs, the power of Achmet must fail before that of our Bey. Owing to this, perhaps, we shall probably have no need of an expedition to make ourselves masters of Constantino, which is finer, larger, and more im portant, than either, Bona, Algiers, or Oran. " The Due de Nemours partook of all the army's fa tigues and perils. . He is in excellent health." These accounts are very different, except so far as re fetes to the unfortunate issue of the expedition. The Joe.rnal des Debats is the only paper that bears up against the evil with an u naltered determination. The failure of one expedition, according to it, only renders more imperative the commencement of another. Africa must not be abandoned for a reverse of fortune, originating in the folly of a War Minister, and the in opportune decision of a French Marshal. It is possible that in the Chambers this unfortunate affair may upset the Cabinet ; but we are very confi dent that the KING personally is not sorry for the re sult. It the blame can be shifted from the shoulders of the MinLlter BERNARD to those of Marshal CLAUSEL, the latter cannot do less than resign, which is really what ale KING most wishes. His MA JESTY is by no me. •xus disposed to permit CLAUSEL to play the part of MgREMET ALI in Africa. The Duke of NEmouas lens arrived in good health at Toulon ; but, alas without the mantle of glory with which his Royal Highness was to have been in vested on his return from Africa. He has had enough of the dangers of laurel -hunting among the Arabs. Unless obliged to perform quarantine, the next mails will announce his arrival in Paris. The late storm has destroyed an immense quantity of property in every part of France. We copy from the Journals a frightful account of the damage sus tained by the people in consequence of the inundations. Madrid Journals to the Bth, instant have been re ceived.. The Eco del Cortimercio of the 6th, contains the following despatch, which brings the latest intelli gence of the route of GOMEZ and his pursuers : " Excellent Sir,—From news that I this moment receive (it is about eleven at night) from Quintanar del Order, and from Corral de Alenaguer, it appears that Gomez marched this morning near biota del Cucruo, in the direction of the Hinojosos, numbering from 7,000 to 8,000 men, much fatigued, and that the Queen's troops were yesterday in Tomelloso, seven leagues behind, in pursuit. The Alcade of Corral says the traction divided into two bodies, the one ,entering Villamayor de Santiago at about eleven o'clock this morning, the other going towards Belmonte. The division of General Alaix slept last night at Tomelloso."— ated from Ocagna, Dec. 5, and signed J. Pacheco. P.S.—Later news has arrived to-night from the Justicia f Villarubia de Santiago, that Gomez at nightfall entered village of Horcajo de Santiago. " General San Miguel left Cuenca on the 2d, in the di rection of Priego ; so that at present he must have arrived on the Tagus, before the rebels." No matter how fatigued GOMEZ'S troops may be, they are always sure to keep some hours' march in ad vance of the vanguard of the QUEEN'S army. Her MAJESTY's Generals resemble the Irish fortune-hun ter, who always contrived to be but " one day behind the fair." Happen what may, they take good care to be hindmost. Foot and horse travel at the same rate— some three hours march in the rear of the enemy. This is the fault of the Government. Had it sentenced CORDOVA, RODIL, and ALAIX to be shot, and had it taken care to see the sentence executed, the other Gene rals would ere this have found it easy enough to come up vith the rebels. Bilboa still holds out. ESPAR TERO ,had recrossed the river, but made no movement to relieve the town after the unfortunate affair of the sth instant. We have no accounts from St. Sebastian of a later date than those published yesterday. Among the meetings which t1i:1 partizans of the illiberal faction are in the habit of trumpeting forth as sure and certain symptoms of reaction among the people, we have to announce one that must, we think, set the question at rest for ever. Six parsons and eight of their toad-eaters, collected together no f e wer than ono hundred worthy per sons in the Concert ioorn of the ancient city of Canterbury, to vote addresses to the KING and the House of Lords. In such a place, and on such an occasion, any thing like discord would have been a grievous calamity, and concord, at the expence of a dinner to a hundred hungry prodigals, even should they drink no thing stronger than belly-vengeance, was too dear a commodity. It was therefore more economical, an d not less effectual for the advancement of the cause, to purchase attendance and unanimity in another way. An hour's time in the evening might be had for the smallest silver coin impressed with the KING'S " image and superscription`;" and then there would be nothing to pay for the pewter pots " as is a-missing" on these occasions. The plan answered admirably. The party met, as if by instinct, at eight o'clock in the evening ; and, at nine, two or three s p eec h e s had been delivered, two addresses passed, with unanimous applause, and the parties speechifying and addressing were on t heir wa y to their several p laces of abode We have no doubt that the Tories in other quarters will take the hint, and imitate the prudent ex ample set them by the thrifty addressers of Canterbury. We direct the particular attention of our readers, especially those of them who are connected with, and interested in, the administration of the Poor Law Amendment Act, to our report of the proceedings of the Middlesex Magistrates on Thursday, in an appea against an order of removal of a pauper from the parish of " St. George-in-the-East" to the parish of St. Pancras. The facts connected with this case appear to be of the very utmost importance, and are simply these ;--A pauper, calling herself A RABELLA PENN, applied for relief to the parish of St. George-in-the- East ; the officers of that parish took her examination, and ascertained from her that she .gained a settlement by hiring and service in St. Pancras ; she was then taken before the Magistrates, sworn to the truth of her statement, and an order of removal granted by the Magistrates ; notice thereof was sent to the parish officers of St. Pancras ; they ascertained that ARA BELLA PENN did gain a settlement, by hiring and ser _ vice, in their parish ; and, with a view to prevent un ..necessary litigation, at once accepted the pauper, and . submitted to the Magistrate's order of removal, neither of which they had any occasion to do ; for they might have let the pauper remain in the parish of St. George_ in-the-East, until the twenty-one days had expired, when, as a matter of course, she must have been brought, under the order of removal, to St. Pancras, and then they would have had a right of appeal to the next Quarter Sessions. The parish authorities of St. Pancras appear to have acted, not only up to the spirit, but to the very letter, of the Poor Law Amendment Act ; for were de sirous that no unnecessary trouble should fall.upon the parish of St. George-in-the-East , nor to the pauper, upon whose oath, corroborated by the inquiries they THE SUN, LONDON, SATURDAY, DECEMBER 17, 1836. had made, they b,b eve d %s ac; paho noner of St. " 4,• Pancras. After the paußeiQ . Kul becAl us received hr St. Pancras, one of those scenes - of profligacy which is but tco common in Poor Law administration, developed the following facts :—That the woman calling herself ARABELLA PENN is not so ; that she is a married woman, ARABEI , LA VINCE, and by the hiring and service in St. Pancras did not, in consequence of her being a married woman, • a settlement. The fraud through the deliberate perjury of this woman (without saying any thing about the Magistrates who signed the order . of removal) being discovered, St. Pancras resolved to appeal against it. The Magis trates of Middlesex, six to two, decided against hearing St. Pancras, and intimated that the course St. Pancras should adopt, should be to apply for a mandamus to compel the Magistrates to hear the appeal : a course involving expense upon that parish, but on a point in volving also such important consequences, we feel quite assured they will adopt. It will also determine an other point connected with the 79th clause, viz., does a parish lose their right of appeal if not made during the 21 days ?—because if so, the sooner it be so deter mined by the . KING'S Judges the better, as the mon strous injustice of such a law would be so apparent, and the expense it would entail upon the parishes, by compelling an officer to travel to any part of England or Wales, on every order of removal signed by the Justices, would be ruinous. We would only remark, in conclusion, that the whole affair, as it relates to the pauper, is a scene of • perjury and profligacy, entailing an enormous charge upon the fund raised from the in dustry of the country for the relief of the poor, and is well deserving the attention of the Legislature. CHANCERY COURT.-(THIS DAY). IN THE MATTER OF CAMPBELL, AN ALLEGED LUNATIC. The petition in this case was presented for the purpose of obtaining a writ de lunatic° inquirendo, to inquire into the state of mind of Mr. Campbell, a g entleman connected with extensive mercantile concerns in Liverpool and Man chester. An application was made in this case yesterday, for the purpose of obtaining the order of the Court that me dical men should visit the supposed lunatic, who was stated then to be in London. On the suggestion of Sir William Horne, the case was ordered to stand over till this morn ing. At the sitting of the Court Sir William Borne stated that he had an affidavit by the solicitor of the alleged lunatic, in which be stated that Mr. Campbell was not in London, and that he could not ascertain to what part he had gone. Mr. WIG':Alt, on behalf of the petition fora commission, observed that his client felt no doubt that Mr. Campbell had removed to some short distance from London, for the purpose of preventing his being seen by any medical man. The Loan CHANCELLOR thought it was apparent that such was the case, and directed that Dr. Southey should visit the supposed lunatic, and that the service of the order for such visit on Mr. Campbell's solicitor should be good service. POWYS V. MANSFIELD. Mr. WIGRAM resumed his arguments in this case, fol lowing Sir Charles Wetherell, and had not concluded when our reporter left. ROLLS' COURT-(THIS DAY•) DAVIES V. GATACRE. Mr. PEMBERTON concluded his reply, which occupied the whole of the morning ; and his LORDSHIP stated he should consider the points that had been urged at the bar, and give judgment on a future day. VICE-CHANCERY.-(THIS DAY.) His HoNoun did not sit to-day till eleven o'clock. The Court took causes, but no case of any public interest came before his Honour previous to our reporter's leaving. KING'S BENCH.-(THIS DAY.) (Sittings at Nisi Prius, before Lord DENMAN and a Special Jury.) BLACKSLEY V. SAINSBURY. Sir W. FOLLETT said this was an action for libel, brought by Mr. Frederick Blacksley, a gentleman of great respectability, now filling the office of Managing Director of the South Metropolitan Gas-light and Coke Company, against Mr. John Sainsbury, one of the shareholders of that Company. The action was brought in consequence of a letter, written by the defendant, in which some per sonal reflections were made upon the character of the plaintiff, and the only object of Mr. Blacksley was to vin dicate himself from that imputation. As the plaintiff had no other object whatever in bringing the action he (Sir W. Follett) expected, from what had passed between his Learned Friend, Sir Frederick Pollock, and himself, that that object would be attained without troubling the Jury with a trial. Sir F. PoLLocx, on the part of Mr. Sainsbury, would respond to the sort of call that had been made on him by his Learned Friend. He felt much satisfaction in assuring the Jury that it would not be necessary to trouble them with the case. Mr. Sainsbury had certainly heard some reports, and bad thought it his duty to make a Communi cation on the subject of these reports, but he now disavowed any personal imputation upon Mr. Blacksley, who, he un derstood, had no personal knowledge of the transaction to which the letter alluded, and he believed that so far as they reflected upon Mr. Blaeksley's honour as a gentleman and a member of that body, they were without foundation. It was satisfactory to the parties as well as to himself, that the case did not go off on any question of whether the letter w as a confidential communication or not, or whether the allegations were partly true, hut by an arrangement be ween the parties, the defendant altogether disavowing any personal hostility to the plaintiff with respect to the matter complained of, and professing now his readiness to state that the information he had received, so far as it affected the honour of that gentleman, was without foundation. Sir W. FOLLETT felt quite satisfied with his Learned Friend's apology. The object of Mr. Blacksley was to stand well with the body of which lie was the Managing Director. Understanding that the imputation was with drawn, ho (Sir W. Follett) was contented that a juror should be withdrawn and no verdict taken in the case. Lord DENMAN was quite sure that arrangement would be satisfactory to all parties. There were two or three other causes on the list, which were struck out or otherwise disposed of. The Court rose at ten o'clock. THE FUNDS.-(TIIIS DAY.) CITY, TIT' ELY E O'CLOCK. Our arrivals this morning are the French and Ostend Mails. No ship letters except from Berbice. The Foreign Exchanges took an unfavourable turn yes terday, but their depression was rather • inconsiderable, and not. calculated to cause any fear of a greater de cline. Money continues in detnand for commercial affairs. Various reports have been spread for these few days past respecting the conduct of • the Bank of England towards the Northern and Central Joint-Stock Company, which are entirely destitute of truth. The Journal du Commerce of Antwerp of Thursday, brings the Dutch prices from Amsterdam of the 13th Nov., 21 per Cents., 53 5-16 ; Five per Cents., 100 ; Ardoin's Spanish, 20i. The Dutch papers do not contain any news. _ Consols, which dosed yesterday at BEi4 a for the Open ing, opened at 8811 i; Reduced 87i Exchequer Bills 12 14 ; India Bonds 8 10 ; Bank Stock 209 210 ; India Stock shut. _ In the Foreign Market little doing ; Spanish Active 201 ; P4ssive 5 s ; Deferred 81 ; Portuguese 44 45 ; Three per Cents. 28 29 ; Colombian 221 ; Mexican 221 ; Dutch Two and a Half per Cents. 531 54. It was generally expected among the holders of Portu guese Stocks that the dividend would have been advertised this morning. This not being the case, Portuguese Stock receded 1 per Cent. this morning, from 441 to 43k ; 3 per Cents., 28. In the other Foreign Stocks no alteration from our former quotations. lIALF-PAST ONE. Extract of a letter, slated Madrid, Dec. 7 :—"Letters from Jerez, of the 28th November, state that the Carlists in their retreat had committed the greatest excesses. The places through which they passed were completely sacked. In Fillamartin they (lid not leave a rag. On the night of the 28th, an aide-de-camp of Gomez and 50 men were brought prisoners into Jerez. It was said that Mirasoi would take the command of Alaix's division." _ Gongola may be quoted at 884 for the Account, with little doing ; Reduced, 87i 4 ; Exchequer Bills, 12 15 prem.; India nends, 8 10 ; Rank Stock, 2091; India, Stock shut. In the Foreign Market scarce anything doing, except in Portuguese Stock, in which a re-action has taken pkwe, and they have improved, the Five per Cents. from 43/ to 44/ ; Three per Cents, from 28 to 281 i Colombian, 2 4 1 i Mexican, 22 ; Dutch Two-and , a.Herf per Cents„ 041 i Five per Cents., 1004. The Share Market may be quotjd much the same cg, Y`..- --nsterclOy ? except Londo n an d Bi rm i ng h am, w hi c h h as r i sen • "' to 73 prPni, Consols for die 4ccounf l tigi, ?If/ 1 W PVL 0 pR% THE SPANISH CONTEST. BY PELAGIUS. LETTER I. The contest in Spain has assumed a character of importance which naturally attracts the attention of the British public. Presenting in its course anomalies which have per plexed those who arc not deeply conversant with the nature of Spain, geographically considered, and of its peculiar population, and involving in its results the most important consequences to other countries, it may be useful to present some observations on the character of the people, the relative forces of the con tending parties, Commencing with an apparently tiifling outbreak in the norther❑ provinces, the insurrection, through the bad management of the Queen's Government, and the splendid military talents of the ferocious Zumala carregui, has daily gathered strength ; and a rebellion, which those who did not understand the Spanish cha .racter imagined would be put down in six weeks, has now raged above two years over some of the finest provinces of the monarchy. Among the causes which have contributed to this melancholy result, we must number the double cha racter enacted by Don Carlos. To the general body of the people he is the incarnation .of the spirit of fana ticism which has so strong a hold on the multitude— while, by the people of the northern provinces, he is adopted as the defender of their peculiar privileges . of freedom ! • Those provinces (the main seat of his power) have enjoyed, for centuries, more freedom than the other sections of the monarchy; and the result has been a very dense and wealthy population, within the narrow limits of a highly defensible district. The amalgamation of the Basque provinces with the rest of the empire has bitterly outraged the feelings of the population, and the Government showed little tact in decreeing it, without having first taken care to sta tion an overwhelming military force among them, since it might be naturally expected that, however beneficial to the kingdom at large the bringing all its parts under one system of government might be, it would be but ill received by the privileged class whom it placed on a level with the rest of the community. Astonishment has often been expressed that the Queen's forces, far more numerous than those of her adversary, have not succeeded in utterly crushing the insurgents ; and those who advert only to the relative proportion of combatants, still indulge in the mistaken idea that a marked defeat of the main atmy of Carlos would soon terminate the contest. I regret to add, SUCH HOPE WILL PROVE UTTERLY ILLUSIVE ! Of the relative strength of the parties, we have no trustworthy information, and but few data on which to found a calculation. The most extravagant esti mates are put forth on each side. Making use of the best information which we can obtain, I would be disposed to offer a supposition that Carlos has, acting in his name, about 25,000 men in the Basque provinces (with a possible reserve of 10;000 or 15,000 more, not called out, or efficiently armed); and an equal number in bands of from 9,000 to 100 men, scattered through every province of the Peninsula, in varying degrees, Catalonia coming next in impor tance to the Andalusian corps under Gomez, &c., and Gallicia being probably the most free from these locusts. Of the latter 25,000 men, a full moiety are mere banditti, mixed with armed rabble. At first sight it should seem that 50,000 men in arms, with the power of adding from 10,000 to 20,000 more to the number, when able to equip and support them, ought not to present a very formidable resistance to a Government boasting of a force of 200,000, with a great number of militia. When, however, we come to examine the subject more in detail, our opinions become much modified. Let us consider the composition, disposition, and -maintenance of the Constitutional army : First—as to its position— The most necessary arm of a Spanish force, which has to guard wide tracts of a thinly peopled country, is CAVALRY. Now this is precisely the arm in which the Government force is most (relatively) deficient— the proportion not being above a moiety of that ob served in other European armies. This deficiency is the inevitable consequence of the poverty of the Spanish Exchequer, which forbids the extension of the most expensive branch of the public force. In the next place, let us look to the efficiency and discipline of the troops—,and here .we find yet more to regret : At the death of Ferdinand, the regular military force was small, and, such as it was, was nearly destroyed in the first year of the civil war, during which the ha voc by sickness, yet more than by the sword, was tre mendous. It results, then, that the vast majority of the Con stitutional troops, are, in reality, little better than raw recruits, ill paid, clothed, and fed. The sufferings of the British Legion are a frightful commentary on the consequences of a nearly bankrupt Exchequer. Turn we to the disposition of this raw. army—The position of Spain between two countries, often un friendly, has necessitated the construction of various fortresses on the Spanish and Portuguese frontier s ; and the formidable navy of England, frequently hostile, in consequence of the Bourbon alliances of Spain and France, has equally enforced the fortifying of the prin cipal sea-ports. We have thus a great number of fortified towns, re quiring strong garrisons, during a civil war ; and pro bably above a moiety of the whole directive force of the monarchy is thus withheld from service in the field —where indeed it could hardly be supported by a poor country—and the relative disproportion of the oppo sing parties greatly reduced. The great trading cities also require strolls garrison s , nor can the smaller forts be wholly neglected. The Carlists, on the other hand, are not encumbered by any points worth notice, which require fixed gar risons. In the Basque provinces, the country is ; one mass of mountain, and the whole population its gar- In the other districts, the marauding bands are never stationary—finding quarters in the smaller towns —and, if hard pressed, taking refuge in the mountains, which intersect the country in every direction. In my next letter I will proceed to notice otherpc culiarities which materially influence the contest. (To BE CONTINUED.) rison. THE MARKETS.-7—( - rHis DAY.) COVENT GAII.I There wao a rery good supply ti a 9 sonnewhAt dull at nearly last s. d. to 8. 0 Potatres (cwt.) 2ti 4 6 ClicAmps, White (j 2) 9 1 0 1 Ditto Red '2 6 4 ti Bruenli I 6 2 0 _ Cauliflowers i li tl 0' Fndive 16 1 9 Horse ICadisli(Umodie) il 0 3 0 Celery ..11 8 1 6 Carrots ,12bunches)... 3-- 0 4 0 'l'nrnips Onions 1 0 2 I, Leeks 1 0 1 6' Colewortsor Greens.— 1 6 2 el For.Grapes(perlb.) 1 0 '2 ti English, Forced 1 6 :3 0' Filberts OlO 1 3 Me1(.118 (each) DEN MARKET, ;co this day's market, an 4 the trade week's prices : _ s. d to s d. Spir.aeli (half-sieve) 0 0 0 9 Almles 2 0 6 0 Pears CAmm n Plums French Beans 0 8 1 0 Sweet Oranges:(100) l2 0 14 0 SevllleOran,ges ... . l.}, 0 16 0 Lemons 8 0 12 0 Walnuts .......... 0 8 1 0 Spat!. Chesntits (peck) 2 0 3 6 French ditto 2 0 2 6 Spanish liazlenias 2 6 4 0 French Walnuts.,.,, 2 3 0 Brazilian Nut 5....,.... 2 0 3 0 Pine Apples 6 0 10 Sea Kail (punnet) 0 0 0 0 ,Mushrooms 0 6 0 10 HAY,MARKETS..,-(k . CU MBEI Coarse heavy Lowland Meadow Hay , New Meadow flay Useful Old Ditto Fine Upland Meadow and Rye-grass t per Load of 3(3 Trusses.) 111 AND. .C 3 15 to £E4 0 00 0 0 4 5 4 10 Hay THE FUNDS.-CLOSING PRICES. BRITISH f3.ink Stock 2W per Cent Red 87% 3 per Cent. COll5 lin per Cent. 356 per Cent. Red 97* New 3% per Cent. 4 per Cent. Assented Dissented Long Annuities to expire IA a. 1860 Oct * • — FUNDS. Omni ~m India Stock Ditto 1i0nd5.,....... ..... . —lo pm. South Sea Stock Ditto Old Annuities Ditto New Annuities I:3‘. Bills, 10 PV •) %d.... !I pm Ditto 5 011 /.......,„.„..., rvii teiii. Ditto 5,'„,!;!;„„ l6 pm. banklitook tor Opg. ......, ..... Luba Stock for Act. Consols for Act. -- -5% FUNDS. Austrian, 5 per cent — Pz -, rtugue3e Bonds, 5 per C;"" Belgian, 5 per cent -.0. 101 Ditto, Now Dim , • 44% Brazilian Bonds Pe ' n'iluii i i,l, s pc - lt:' • _ Rueno, Ayres, 6 per c:;nt . .-, Russian B , inli., &per cent ... Uhill'ap, ii i per cent r COlOpilaatr, 6 per Mit . ' — Spanish, 5 pc: cent ... Ditto, 1934- .. ° I , U Danish, 3 per cent — - Fren4, 5 pp. c . i:! . : , it : . ','.7,'..........f, ;—c: oh g4oritia, I: .1 PO et4o ' -..r. Exchango ...... ..... ... •:. .. 1.. -;.:f --e. 111qtic .7. - . rl s ocli,, 3 K r nett " —t, c.. ap 5 per Htlit• . Dittp„ . 6"lier cetit.; 10 9 4 - • . —. Duteh, li per cet‘t. " . 5,11 i PecT4 l i 18', P; il Per 'Pg. f , t 'l2- I X ; Ct 9 :i . A nietAh - . .. :.. .;. . iiN gli AMA • I; llailW ß a a y il . w is a'y (Stev — eiistn:"lij .... ......... I 8 :;.1 London Eastern aCnodt Britonlti e; 1,4 London and Southampton Railway Manchester and Leeds Railway Manchester South Union Railway 41 A No othr *-• the P-ices Ott Shi - - ~I Ja•r 1860 .. . .. Ler variations in . or tihares since 110 1 1 our One u'etcp. MIDDLESEX SEgtSIONS, DEC. 15. THE NEW POOP. LAW.—PARISH OF ST. PANCRAS V. ST, GEORGE'S-TN-THE-EAS T . Mr. BODKIN said, the question in this case was one ol considerable importance arising out of the construction to be put upon the 79th clause of the Poor Law Amendment Act. The clause ran—" And be it further enacted, that no poor person shall be removed or removable, by reason of his being chargeable to or relieved therein, until 21 • clays after a notice in writing of his being so charge able or relieved, accompanied by a copy or counterpart of the order of removal of such person, and by a copy of the examination upon which such order was made, shall have been sent, by post or otherwise, by the overseers or guardians of the parish obtaining such order or any three or more of such overseers er guardians, to the over seers of the parish to whom such order shall he directed ; provided always, that if such overseers or guardians as last aforesaid, or any three or more Of such guardians, shall, by writing under their hands, agree to submit to such order, and to receive such poor person, it shall 'be lawful to remove such poor person according to the tenour of such order, although the said period of 21 days may not have elapsed. Provided also, that if notice of appeal against such order of removal shall be received by the overseers or guardians of the parish from which such poor person is directed in such order to be removed within the said period of 21 days, it shall not be lawful to remove such poor persons until after the time for prosecuting such appeal shall have expired, or, in case such appeal shall be duly prosecuted, until after the final determination of such appeal." The object of the Legislature in framing this clause was evidently to prevent the removal of a pauper, until it was fairly ascertained that he was legally chargeable to the parish to which it was proposed to convey him. It was also clear that the in tention of the framers of the bill was to avoid putting the parishes to the unnecessary expense of removing a pauper who, it was subsequently proved, was not possessed of a settlement in the parish he was sent to, and the conse quent additional expense which arose by his being taken back again. In the present. case, an order of removal had been made to remove a pauper to the parish of St. Pancras, with the customary notice of 21 days, before the expiration of which term they wrote a letter of submission to the order, upon which the pauper was removed to and recived by them. The parish, however, after having main tained the pauper for some time, gave notice of ap peal. Now, one. question which would arise for the con 7 sideration of the bench would be, whether from nay informa tion a parish chanced to obtain after the period of the 21 days specified in the act had elapsed, they were entitled to open the matter again in the form of an appeal. He should submit, that the letter of submission, by which the justice of the order was distinctly admitted, must be taken quite as conclusive as though the order had been made and con firmed upon appeal, and therefore that the appellants were not in a condition to be heard upon appeal. The appel lants, too, it must be recollected, had the full opportunity of examining the paupers under th e P owers g i ven th e m by the Act of Parliament prior to their writing the letter of submission. Under all the circumstances, therefore, he should - trust that the bench would be of opinioll that the appellants were estopped. • - Mr. ADOLPHUS, for the appellants, contended that they were perfectly right in their proceedings. His Learned Friend had taken especial care to avoid entering upon the facts of the case, and therefore the necessity of going into a detail devolved upon himself. The sim ple outline of the case was this :—An order had been made for the removal of a pauper named Arabella Penn who it was proved had lived upwards of twelve months in the Parish of St. Pancras. The officers insti tuted the usual inquiries, which led to the result he bad just stated, and the writing of the letter of submission. But after the removal, - it turned out that they had recei , : ed Arabella Vi nce , an d no t A ra b e ll a P enn , in whose name the order was made out. A further .estigation took place, by which it appeared that A married to a man named Vince, '7'auella Penn had been t that aine t t l b e y anotherougt ought e n t t o l e t by which act she had ob tteerre.forTehtishefayetcotinieteynidmedd arrived at under sni - oewlint singular circumstances ; the pauper was ra t: t iCe n lv d e dts l ;meti of a child, and the parish made an attempt ig affiliate the child upon the reputed father. That individual, however, defended himself from the affi- I %idol' by showing that the mother was a married woman. He submitted, therefore., that it would be an act of the greatest injustice tv4 saddle the appellants with the pauper, when she had ob,tainea another settlement by virtue of her marriage, The CI AIRMAN said the question was one of very great public importance, both as regarded the parties more im mediately concerned, and the results to which the proceed ings upon that occasion might lead. The question really was, in the first instance, whether the letter of submission was to be taken as final—whether it was to be regarded as conclusive a n d t an t amount to an affirmation of te order by the sessions. The appellants were bound to make every inquiry respecting the pauper. Mr. ADOLPIIUS said that every inquiry had been made. Of that filet they Were prepared with ample proof. Th. CHAIRMAN—The word's with regard to inquiry were in the Both clause, and ran thus :—" That the overseers or guardians of the pa r i s h g i v i ng suc h not i ce o f appea l , or their attorney, or any other person authorized by them, shall, until such appeal shall haie been heard and decided, at all proper times have free access to such poor person for the purpose of examining him touching his settlement" and so on. The intention of the Act, therefore, was that the parties upon whom the order was made should have every opportunity of making inquiry. Then the question was whether such inquiry had been made in the present case before they sent their letter of submission ; and then again, whether having sent that letter they must not be taken to have agreed to the justice of th e order. Mr. - Anomies would ask the Court whether they thought the Act would regard Arabella Vince as being the same as Arabella Pean ? He must confess that, in his opi nion, it would not. The CHAIRMAN—What would be the consequence, if the Bench heard the appeal, and it should turn out that, under the circumstances they had no jurisdiction ? The question was one of extreme importance, not only as af fected that case, but as related to the construction of the clause in the Act of Parliament, and upon their decision probably they might have 100 other cases brought before them. Mr. Sergeant ANDREWS inquired whether he had dis tinctly understood that at the time the notice of the order was g►ven in the name of Arabella Penn, she was married to a man of the name of Vince ? Mr. ADOLPHUS—Yes. Mr. Sergeant ANDREWS—Arabella Penn might have been received, but haring married Vince, she had changed her responsibility. TheCHAIRMAN—At the time the order was made, the person to be removed was represented as being a single wo man of the name of Penn, and the person was accordingly re moved ; but it was subsequently discovered that she was a married woman. That was the simple fact. The sole ques tion, then, for the bench to consider was, whethei the effect of the words of the statute, viz., " Provided always that if such overseers or guardians, or any three of them, shall by writing, agree to submit to such order, and to receive such poor per son; was to be taken as being tantamount to an affirma tion by the sessions. The clause in the act of Parliament %vas defective upon that point, inasmuch as it left the ques tion to a certain extent open and undecided, for it said that the pauper might be removed upon the receipt of a letter of submission, unless notice of appeal were given but it did not go on to say that any such letter of sub mission was to be held in the same light, and as conclusive, as though the sessions had affirmed an appeal. Supposing the bench were to refuse to hear the appeal, the parish would apply to the Court of King's Bench for a mandows, and if they were wrong in declining to proceed with the appeal, that Court would direct them to do so, 'fiat step would at once satisfactorily put the question at rest. He thought-the bench had no jurisdiction in the matter as it stood. Supposing the Court of King's Bench were to de termine that the construction of the statute was not that which, gave them jurisdiction, what would lee the conse quenee if the bench were upon the present occasion to hear the appeal and quash the order 1 4 Mr. ADOLPHus did not think it proper, particularly in the piesent economising times, to put the parish to the ex pense of going to the Court of King's Bench. He contended that the case was sufficiently elute upon its own facts. There was a pauper removed by elle name, she bore an o th er , when in reality The CHitiltmAN said, they ought to have made the pro pel, inquiries before they had written the letter of stthmission. Mr. Anotenus submitted they had done so. They had the deposition of Arabelte Penn, when in fact there was no such person % OfkittuNlAN Saw nothing in this Quo to take it out or the general construction of the AO. He thought it to be a case o f cons i dera b le d en b t, h ut the impression upon his mind was, that ha letter of submissi on was i n t en d e d b y the 90p, to operate as conclusive, an d as t h oug h t h e parties had come to that Court with an appea l , an d t h e order, afte r b ot h s id es h a d beekA heard, had be en a ffi r m e d. The BENcEi th elA cle c i*ki upon the question as to whether they )14s.c.Awd the right of heaving the appeal, when there appeared to be six against and two ihr the bearing. The conirt O.IAI Adjauened. fiord Alexander Russell will pass the holidays, With Lord and Lady Wriothesly Russell, at, che kA ko k ,. fear Bedford. The Earl of Rim 4,t C.:n:lton Gardens on Wednesday fiym Nyno.nd s wh,ere Lozaship will reside until Vepurs and iinprovenkents at his villa at Putney arc com3/4)100, SPIRIT OF THE PUBLIC JOURNAU We certainly cannot participate in the gratification with which certain of our Tory Contemporaries have hailed the intelligence of the disaster which has be fallen the French army on the expedition to Consten tina. The establishment of a French colony in Africa has, we know, been objected to by our Government ; but we have always thought that the objections would be removed by the very causes that create them. The ." vaulting ambition" of our neighbours for extensive conquest in that quarter will probably " o'erleap it self ;" and, this being our conviction, we cannot but regret the lamentable disaster that has befallen the ex pedition of Clausel. We had hoped to see the evil cured by a remedy less severe, though not less effec tive. It is needless to observe that we are not very ardent admirers either of M. Mole, or the princi ples of foreign policy upon which he • came into power ; but unfeignedly we say that the overthrow of any Ministry, however hostile we might deem it, would • be to us but a poor compensation for any national calamity that might fall upon France. We too had our hopes that the first Deputy who mounted the tribune would have called the Govern. ment to severe account ; but far indeed were we from hoping that any chance would have fur nished him with such an argument, however crush ing it may and ought to prove, as the disaster before Constantina. Three of the seven thousand men who accompanied Clausel have miserably pe rished in an expedition of at least questionable justice. How much better might they have been employed, Monsieur Mole, in the service for which they were originally intended ? Your Mi nister at the Court of Madrid, Bois le Compte, promised to the Queen the aid of at least 10,000 men. You allowed her Majesty's Government to incur great expense, and undergo great inconve nience, to arrange the plan of their military operations, all under the deluSion that this promise was made in sincerity and good faith. At the moment that the aid of your Auxiliary Legion is most required, and can be of the greatest service, it is withdrawn, upon a vain and frivolous pretence, proved by suusequent events to be without a shadow of foundation. The reverse which immediately took place in the fortunes of the Queen sufficiently attest the consequence of this pro ceeding. The men whose presence on the frontier would have saved Bilboa from the necessity of defend ing itself from a destructive siege are sent to Algiers. You have lost your credit and your honour, and en dangered - what is mare valuable than either—the peace of France—and' injured the cause of a faithful and confiding ally, by your conduct in Spain. Depend on it, there are no laurels to be reaped in Africa which will prove an equivalent.- Mornzng Chronicle. There is but one difficulty imposed upon Conserva tive Statesmen or political writers ()Tithe present day. It is not to convey knowledge or to dtnnonstrate truth, for the only knowledge requisite to save the country at this moment is sufficiently ilread among the people, and the practical truths 'which now most concern us as a cation are palpal').:e to every eye; hut the real diffi.. culty is to malT:e men act upon their convictions. It is Mere, 'ilot in the understanding or the senses, that the inerlitv is most powerful. The people of Eng land—all among them who observe or think—are quite as well aware as any one of the Whig Minis ters, that Lord Melbourne and his colleagues, on coming into office in 1835, professed principles and introduced measures, both of which they flatly rejec ted in the year 1834. The people of England are perfectly sensible that the motive for this change was a mercenary motive, viz., to buy that Parliamentary sup port without which it was manifest to all the world that they could not retain their Ministerial offices for an hour—the support of O'Connell and the Irish Papist party. Again, the people of England well know that Mr. Daniel O'Connell is among the men connected with public affairs and questions who have figured within that period beyond which memory doth not run, the most selfish, unprincipled and wicked, the most reckless of such evil consequences as do not affect his own personal interests—the greediest of every advantage which begins, and centres, and terminates in ' himself. Well, then, what is the next article in the category of our national convictions ? It is, that when a Ministry so necessitous are at the mercy of a tyrant so rapacious, the tribute which he exacts as the price of his protection will be limited by nothing but his own estimate of what he may be able to extort from them. And what does Mr. Daniel O'Connell receive for his services—openly receive ? First, for himself, to keep his own partisans together, as tools for the working out of his ulterior purposes, he wrings from 'the junta which nominally constitutes the Govern ment, the whole patronage of Ireland, the absolute appointment to public offices, high and low, in every department of the State. He next has dragooned the same junta of so-called Ministers into a complete abandonment of their own original scruples about, robbing and sweep:ng away the Protestant Establish e d Church, as also into a measure which, though flitter ing in name, is entirely identified with the forraer one in its objects—to wit, the substituting an establish-, ment of Popish, priest-ridden, corporate bodies, to monopolise all municipal power, and disturb the peace of the community by a legalized but incessant agita tion, in lieu of the ancient Protestant corporators, whom; because of their monopoly, the Conservatives of both islands have declared their willingness to extin guish. These things are known to every Englishman and every Irishman in the kingdom No human being can shut eye or ear to the notorious fact, that the Ministers have melted. down the whole mass of Irish Protestantism, besides mating over the whole mass of Irish patronage, including the constabulary force of the realm, as the price of those 35 Papist votes by which and by no other imaginable means have. the Whig- Radical clique sarcastically called " Ministers" con trived to keep themselves in office. Then let us ask, why is there not a general movement of the British nation against this base perversion of the resources and the ends of civil government ? Why is not the confederacy of Radical Papists and their Ministerial tools broken up at once by a simultaneous and unani mous announcement of the public will ? We are compelled to say that we cannot entirely explain the holding back of even those who have long suppoie ve d the Government, except by reference to their co.e sar .. dice of spirit or weakness of understanding. have never seen a better reproof of this moral Fefirmity than in the letter of our correspondent " 8.," which is published in this day's Times. B." we ask those tender-nerved Constitutionalists who have 'been bullied by faction into a mistake of men for measures, and of persons for principles, what is it that now deters them from avowing, as Lord Stanley did, their abhorrence of their leaders, when they see them prepared to destroy what before they zealously trader took to improve and preserve ? Was there sib; years ago, or even three years, any particle of understanding or suspicion among Constitutional Reforinera that even Whiggery would ever demand from its partisans the entire overthrow of the Irish Protestant Church ? or the abomination of the sneaking hypocritical ballot ? or a further enlargement of the elective franchise ? or an undefined curtaPAnent of the duration of Parlia ment 7 or an abol. ; :cion of the fundamental principle of a House of Lords—the creation of its members by the Sovereign—in favour of a House of Lords to be ellosen by household suffrage or by ballot ? Was it dreamed cf only three years ago by any sane members of the Whig party,,that the whole government of Ire land was to be deposited in the hands of Mr. Daniel O'Connell, at that time (as lie is now) the detestation of all Englishmen—Radical as well as Whig— but not, as he is now, the master of a British Cabinet and the arbiter of its existence ? Why then, if none of these things were—if they formed no item and no atom of the compact which the constitutional supporters of the Mi nistry in 1831 subscribed to as the bond of their political union, what sort of obi igation can at this hour be supposed to influence the honour of any rational Reformer with one particle of manly independence about him, against the paramount nam'l duty of announcing that when lie beeamQ a Reformer, he did not pledge himself to bovione a suborner of rebellion in Ireland, or of re publicanism here ? Upon these points we have often enough declared our own sentiments. All sorts of silly nicknames have been flung at us, like cabbage stalks at a Covent-garden hustings, though consi derably more innoxious than those vegetable missiles —apostates, renegadoes, deserters, 4e; What party have we ever deserted ? None—for to none barely ° ever swoin allegiance. What principle, or measure, or great system of national policy once espoused by the Times, has the Ti;n ever even for one day abandoned ? Let any abusive and lying blockheral t hired to rail nt his betters answer that. Whot public principle once proclaimed by the Times ha 4. t hi s paper afterwards, at any period, qt. 11M10; 119 V circumstances, flinched from Rtrenunusly enfor c .i no ? " Roman Catholic" - emancipation—the of Dis• senters from obnoXioirs tests—Reform of Parliament—. the correction of ecclesiastical abuses, and the effec tual and permanent commutation. of tithe—wh a t Bri tish journal outstripped the limes in manly and dau7it less entr 2 v on behalf of each. and all of these grc at measures ? Nay, we challenge the political world to answer us, which of those measures (av, which one of them ?) would have forced its way against the mani fold impediments opposed. to it, had the Times been one of its opponents 2 This is truth—not wanton la aance. It i s ro r- wi- - ";lesome truth ; too hard, no d ou b t, for the diges'.:ion of the sickly reptile whose li nger i ng existence la t6d out by a daily meal of spiteful fake hood against this victorious, because thoroughly E n ,,. journal ; but it is good for the community to bear such facts in mind. Every man in Great Britain who, when he first gave a vot e f or re f orm can did a t es on the hustings, or for Reform Ministers in the House of Commons, was not aware that reform, even under a .Whig Ministry, included Popery, rebellion, and revo lution, must now feel himself absolved from all party ties, and. must, if he be an honest man, transfer his services from those who would destroy the monarchy to those whose aim is to preserve it. In the mean time we recommend our Correspondent's letter.-... Tines. As the day appointed for the intend.ed Glasgow dinner to Sir Robert Peel es approach ll* , pu )ic anxiety increases in intensity to see how tne festival will come off. Had the Right Hon. Baronet himself been the only Tory of distinction present, we wollid have felt disposed to look on the affair as one of those mere matters of course which scarcely deserve a passiiig thought. As, however, Sir INheres hated rival, Lord Lyndhurst, is to partake bi the convivialiti es of the scene, we confess we do look forward to the feed with an interest of no ordir,ory kind. With regard to the Right Hon. Baror.et's conduct on the occasion, wc are satisfied that he will, as respects politics generally, maintain that studied roserve which has always been one of his most chara;:teristic attributes as a statesman. We expect to gain r,o information from his speech as to the prospects or ii:itentions of the Conservative faction. He will deal as usual in vague unmeaning generalities. He will be fluent and plausible, as he always is, but his audience wilt be, on his resuming his seat, to use a favourite Scotch prayed), "as wise as they were" before he began his oration. No man can keep his own or his party's counsel better than the Right Hon. Member for Tam worth. But though we do not anticpate any disclo s urea as to the future tactics. of the Tories from Sir Robr.rt's Glasiow harangue—though, in other words, Wt.: cannot venture even a conje cturc as to anything de finite he will say on the occasion--ice are sufficiently confident of certain things which will form no part of his speech. He will not, for 'irxample, overlay Lord Lyndhurst with fulsome adulation ; nor, if we mis take not, with any adulation at all. - We are sure he would much rather that his Lordship were some rea sonable distance from the scene of the joviality. We are certain that not only will the Noble and Learned Lord's presence be the most unwelcome of that of any party there, but that of all men in the world he is time man whose presence the Right Hon. Baronet would - have been most happy to dispense with. With these feelings of personal dislike to Lord Lyn , Thurst, Sir Robert is not the man—otherwise he mus.t, have very much changed_ of late—to fawn on him. He will doubtless treat km with common civility, which he so well knows how to show to those whom h.e regards with the most deadly hate. But as for die r i ng any flattery or paying any compliments to the leader of the Peers, he has too high a sense it, honour, and of what is due to himself, to be capP:ole of either. As respects his Lordship, again, 13;: is not so much encumbered by such a nice sense of honour as to prevent his offering the immense of his adulation to the Right Hon. Baronet. T:l e , i s a political adventurer, and the only question with him will be, what are the most likely means of accomplish ing his ends ? He will, there can be no loubt, do every, thing he can to cajole the Right Hor,. Baronet. He will heap his panegyrics on him with an unsparing hand, or rather with an unsparing tongue, in the hope that he may deceive an d conciVa'te J uin . H e w ill d o this also with the view of hoodwinking the public. His aim will he so to conduct himself, and so to shape his speech, as that the delusion, that the best feeling exists between himself and the Right Hon. Baronet, may be spread all over the country. Sir Robert, howe - yer, is not the man to be caught with the wily ap'ostate's chaff; neither, we will venture to say, will the public be, for an instant, deceived as to the real state of matters between the rival Tory chiefs, by any thing which may be said or done at the Glasgow feed. —Morning Advertiser. We observe that whenever it suits the purpose of Coe Whig-Radical party to make an appearance of weighty opposition to the Established Church, they do 'not scruple to assume that the whole body of British senters not only differ from, but are opposed to O de Es tablishment. Whoever is misled into am d i eseence with this misrepresentation does a great inji- AS ICC to the Dissenters. They are not, as a body of knowledge, or of charity, as to oppr eltiver so destitute an institution whose doctrines they se themselves to whose literature they admire, tiv, o , j ,h upon some points of discipline and forms of w dissent. We are not st2.o%,,,,,.subscribe to, and ors - hip ihev conscientiously little manual, which ge neral grounds of belief- W e h ave now before us a this upon vague or United Church o Churchmen an =t• re lately received, intituled " The Q - England and Ireland defended by Dissenters ;" and to which we would refer any inrl, - (1i - ,'er who desires direct proof that not Churchmen alone, but Dissenters also, bear their fervent . cP:stimony to the purity and truth of the doctr'Ares of the Church—to the unrivalled ma iestl., propriety, and comprehensiveness of its liturgy, r.n?_, t o th e usefulness of its establishment •by the State. 1 71:his little publication consists entirely of extracts, ap plicable to the several divisions of its subject, from the writings of Churchmen and Dissenters. Among the latter are the most illustrious names of those who have figured in Dissenting pulpits—of men a thousand fold superior in learning, in piety, and in zeal, to the hot headed political disturbers, who, seeming to love per sonal notoriety much more than the advancement of religious truth and Christian feeling, have led the way in angry complaints against the Church. We believe that, if the subject were well inqui re d into, it would be ound (hat the virulent hostility to a church esta blishment in Great Britain is almost confined to two, classes—namely, the Roman Catholics and the Soci nians or Unitarians. These opposite extremes of super stition and unbelief combine their forces against an Establishment; but certainly from very different mo tives. The Romanists would subvert our Establish ment that they might build up their own in its room ; and, perhaps, their main object for appearing so os tentatiously as they do among the assailants of the Church of' England is to divert attention from their proceedings to establish the Church of Rome. There can be little doubt that the Romish Clergy in Ire land, while professing Ultra-Radicalism, and advo cating the voluntary system, are looking to a period when they will find it not convenient to do either the one or the °they ; and in England, when we look at. the rapid increase of Roman Catholic chapels, and; find an Irish Roman Catholic population so largeiiy occupying our manufacturing and commercial towns, we may easily giiess to what the advocacy of popular power by the Roman Catholic party is intended to lead. As for the Socinians, so exceedingly wise in their own conceit, so stubborn and stiff-necked, we must regard them more as a political faction than a religious sec;;. Their own philosophy is to them all in all, and, as they have no principle of reverence for any thing hu man, and apparently very little - for any thing Oivine, they set themselves against all authority, wir2ther of Church, or King, or aristocracy. Busy, discontented, and clever in small things, they go about sowing the seeds of a rebellious spirit, and labouring in the cause s not only of false doctrine and of heresy, 'out also of schism. They a re p o liti c i ans i n their cLurches, ant', Socinians in the House of Commons. Their theoloflr is a dry and w ith er i ng lo g i c —th e ir sermons badly writ ten essays in moral philosophy—their seal lies it the FOREIG I, • ~::